New-York tribune., 1887-04-26
SHARP'S DAY OF TRIALFIXED.
THE CASE SET FOR WEDNESDAY. MAY II.

THE CASE SET FOR WEDNESDAY, MAY II.
AN IMPORTANT MOTION BY sHARP's CoUNsEL--wILL
JUDGE BARRETT PREsIDEf
At last the day for the trial Of "Jal<e' Sharp
the principal malefactor in the bribery cases in
the Board OF Aldermen of 1884, has been definitely
fixed. All "boodledom' is in great state Of ex-
citement, and bets on the result of the trial
freely made already. The District-Attorney's
decision to move the court to set day for Sharps
case was not finally taken until late last Saturday.
The preparations for it have been going on night
and day with the utmost care ever since the close
of the Cleary trial. Mr. Nicoll has had charge OF
the work. and he concluded on Saturday that the
time to act had come. Sharps counsel were ad.
vised Of the Distrct-Attorney's intention to move
for trial on Monday, and his bondsman, John
Downey, was ordered to produce him in court
The room Of the Oyer and Terminer was occupied
yesterday morning by the Supreme Court, General
Term, but at o'clock Justices Brady and Daniels
retired, leaving Presiding Justice Van Brunt alone
on the bench Two murdereys were called to the
bar-one young man almost boy who had beep
convicted of murder in the second degree. Tho
second was an older man who had pleaded guilty
to the same crime. Both were put at hard labor
for life. Then the clerk called, '"Jacob Sharp to
the bar 7"
inlaw, John II. Sefmes, and his secretary, Thomas
X. Mclean. His short, stout cane served him as
o plaything and he toyed with it nervously during
the wrangles and explanations of counsel. His
red face was redder than ever and its expression
intensely anxious. From the beginning Sharp has
maintained bold front. He has asserted that
he did nothing wrong, and that, il he did.
nobody can prove it. But his appearance when in
court belied this defiant confidence. He looked
as if he would have given worlds to know that
nothing could be proved. There were present in
court with him three members of the legal sta fwho
are to combine forces in his benalf-Albert Stick
ney Frank J. Dupignac and ex-Judge Fullerton.
It is annognced that when the heavy work begins
will be added to the defence. a. >r4 ,
Mr.. MARITIME was supported by Mr. Nicol and Mr.
asking the court to fix Monday: May /. as the day
for beginning the case OF The People against
Sharp" Mr. Stickney objected with al the yehe-
did not even invent now plea 1t was the same
old one about the engagements OF counsel and the
1oa rlme on ds"n was se scsnsS
desired the Distrct-Attorney, to sannounce upon
what count of the twenty-one ne Intended M TO pro-
an answer to that question within twenty.four
hours Nj stiekney then said that he desired to
motions m"tien to to dismiss s0" the indictment on tho
ground that II was Improperly found.
tence to make snch notion They had pleaded d to
the Indictment months ago. Judge Van Brunt re-
marked "0h, well. they have It right to make
even consider its merits at tins time, is quite
another matter"
After much parley the court IIere4fptoEy per- fixed
Judge Van Brunt announced, however. that he
should not try the case as he was engaged in the
General Term during May. He fixed next Friday
as the day for hearing Mr.. stickuey's motion to
quash the Indictment.
it is believed that the ground upon which Mr..
Et,n1, nIrn lntI. will hA
great legal question of the case. He will move
that the indictment be dismissed because Sharps
sented to the Grand Jury as evidence agains, him.
decision rs to the admissiblity of this testimony
before the Grand Jury will be, Of
bliity IN the trial i is unlikely. however, that
| Judge Van Brunt.w will go into the merits of the
motion. HIS remark when Mr.. Stickney first sug-
gested it is regarded as significant. He may feel
that as he Is not going to try the case 1t would DO
reaches as this does, far beyond the Indictment
period of the prosecution. into the very virals Of
the case. TO the justice whom he, the presiding
Justice shall designate to sit. Even If he does not
take this view he Will need to pass upon the pro-
priety of the motion in the abstract before he
touches its merits. he motion cannot be made at
all without previously withdrawing th- plea OF not
guilty. 1t would seem as if strong grounds
should be advanced to the court before such n
course is permitted after the plea has stood for
| nine months.
The pFEsssiou. n..S general that Judge Ss Bar
Judge Barrett was extremely anxious to
avoid undertaking any criminal business in
May. He is unwilling, besides, to SIT in any
not nsensblc to the fact. Overwhelmingly shown,
that the public will hardly be satisfied unless the
case is intrusted to hum, and u Is believed that II
ne is designated to sit he will waive his personal
objections and do his duty. Judge Van BInnt Is
SAID to be extremely anxious THAI Judge Barrett
shall st AS the Presiding Justice he feels anxious
that a case of this gravity shall have the presence
of as aole and impartial Judge as his bench af-
f0rds.
The District-Attorney will undoubtedly secure
the aid OF outside counsel IN the case lie has n0'
announced whom he intends to summon, but Mr.
UonSlng and ex-Chief Justice Noah Davis are
talked Of
ancey Nicoll and Mckenzie Sempe, were In con-
sui alton for long time after the adjournment
and at q late hour in the afternoon Nj: Mart'nt
said that he had decided to try sharp on
the charge of brIbing ex- Alderman tul-
graf. The indictment. which was filed ON
October 10, 1886 accuses Jacob sharp James A.
John Keenan, Robert L. De Lacy and William II.
Moloney OF the crime of bribery IN giving or oser-
ing to give $4,000 to LudoIph A. Fullgrah to IN
huencc his acton on the Broadway Railroad fran
chisc.
The Indictment was undoubtedly chosen because
the fact that the brbe was received can De testi-
lied to by the person who received II. The DIS
trict-Attoney and his assistants hesitated for
time between the indictments which charge the
bribery OF Fugrai, Duffy and another OF the
Aldermen. Fullgraff was the better witness oil
the two Aldermen who confessed TO receiving
brlbes. IL.
part iU the defence would argue the motion 70
quish the Snarp indictment. Mr.. MARITIME douoted
whether full argument of the motion would be
heard when the case was presented TO the justice
on tne day fixed for argument
-
MURAT HALSTEAD CALLING on MR. BLAINE
CHICAGO April % tSpeei,t)-Thc physical condition
of Mr. Blaine was improved to-day, having Wstet